INNO-WANGSA OILS & FATS SDN BHD v RAKSAM INGRIDIENTS PRIVATE LIMITED

n-02imc-412-03-2025 Court of Appeal (Mahkamah Rayuan) 28 September 2025 • N-02(IM)(C)-412-03/2025 • 13 min read
2 cases cited (0 SG, 2 foreign)

Catchwords

Rule 18(4) (a) and (c) of Rules of the Court of Appeal 1994 - Court of Appeal Practice Direction No.1 of 2017 (PD-1 / 2017) - failed to include the material and mandatory cause papers that are crucial to the appeal - prejudice to the respondent as the respondent is unable to take further steps to respond to the Appeal - Rule 5 (1) Rules of the Court of Appeal 1994 - failed to rectify the defects - Rule 3A Rules of the Court of Appeal 1994 - Preliminary objection on the ground of non-compliance shall not be allowed - serious prejudice and substantial miscarriage of justice

Practice Areas

Rule 18(4) (a) and (c) of Rules of the Court of Appeal 1994

Judges (3)

Azmi bin Ariffin Delivered Mohd Firuz bin Jaffril Coram Ong Chee Kwan Coram

Counsel (6)

Rajeswary Girupai & Associates Firm S. Suresh Law Chambers Firm Azizul Hilmi Zulkifli Counsel Appellant Jeyashankar a/l Sivalingam Counsel Respondent Rajeswary a/p Girupai Counsel Respondent Suresh Subramaniam Counsel Appellant

Parties (2)

INNO-WANGSA OILS & FATS Sdn Bhd Appellant RAKSAM INGRIDIENTS PRIVATE LIMITED Respondent

Case Significance

INNO-WANGSA OILS & FATS SDN BHD v RAKSAM INGRIDIENTS PRIVATE LIMITED is a Court of Appeal (Mahkamah Rayuan) decision dated September 28, 2025 (citation: n-02imc-412-03-2025). <p>Appeal arising from the striking out of Inno-Wangsa Oils & Fats' appeal against a PORAM arbitration award after failing to include mandatory cause papers in the Record of Appeal. The Court of Appeal allowed the respondent's motion to strike out the appeal with RM5,000 costs, finding the defects were fundamental and not curable under Rule 3A.</p> The panel comprised Azmi bin Ariffin, Mohd Firuz bin Jaffril and Ong Chee Kwan, with Azmi bin Ariffin delivering the judgment. Counsel appearing: Azizul Hilmi Zulkifli (counsel for appellant), Jeyashankar a/l Sivalingam (counsel for respondent), Rajeswary a/p Girupai (counsel for respondent), Suresh Subramaniam (counsel for appellant).

Summary

Appeal arising from the striking out of Inno-Wangsa Oils & Fats' appeal against a PORAM arbitration award after failing to include mandatory cause papers in the Record of Appeal. The Court of Appeal allowed the respondent's motion to strike out the appeal with RM5,000 costs, finding the defects were fundamental and not curable under Rule 3A.

What was the outcome of INNO-WANGSA OILS & FATS SDN BHD v RAKSAM INGRIDIENTS PRIVATE LIMITED?

<p>Appeal arising from the striking out of Inno-Wangsa Oils & Fats' appeal against a PORAM arbitration award after failing to include mandatory cause ...

Cases Cited (2)

MY (2)
[2009] 4 CLJ 329 [2013] 4 CLJ 453